Is it illegal to sleep drunk in a parked car?

Q: Is it legal to sleep in your car if you believe you are too drunk to drive home?

Can a DUI be given to a person sitting in a non-running vehicle, passenger or driver, if it is obvious there has been no accident, property damage and no drunk driving report has been called in to police?

A: It is possible for a driver to be arrested, but not for drunken driving, Bellevue Police spokesman Greg Grannis said.

But someone in the car can be arrested for what police call “physical control,” depending on where the car is.

Here is an except from RCW 46.61.504, which deals with physical control of a vehicle under the influence.

(1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:

(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood made under RCW 46.61.506; or

(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or

(c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state does not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.

Someone who breaks the state physical control law be charged with a class C felony or a gross misdemeanor, depending on age and criminal history.